Decree No. 98/2014/ND-CP dated October 24, 2014 of the Govenrnment providing the establishment of political organizations and socio-political organizations at enterprises of all economic sectors

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 98/2014/ND-CP dated October 24, 2014 of the Govenrnment providing the establishment of political organizations and socio-political organizations at enterprises of all economic sectors
Issuing body: GovernmentEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:98/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:24/10/2014Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Enterprise , Organizational structure , Policy

SUMMARY

ENTERPRISE MUST ESTABLISH A TRADE UNION ORGANIZATION WITHIN SIX MONTHS OF OPERATION

The Government has just issued the Decree No. 98/2014/ND-CP dated October 24, 2014 providing the establishment of political organizations and socio-political organizations at enterprises of
all economic sectors and this Decree takes effect on December 10, 2014 prescribing that within six months after an enterprise is established and commences operation, the local Trade Union organization, the sectoral Trade Union organization or the Trade Union organization of the industrial park or export processing zone shall coordinate with the enterprise in establishing a Trade Union organization.

After 6 months, if the enterprise fails to establish a Trade Union organization, the higher-level Trade Union organization may designate a provisional Trade Union Executive Committee of the enterprise to represent and protect lawful and legitimate rights and interests of workers and collectives of workers. Accordingly, a Trade Union organization shall be established at an enterprise where there are 5 or more Trade Union members or where workers make applications to volunteer to join the Vietnam Trade Union and the conditions for establishment of a Trade Union organization prescribed in the Law on Trade Unions and the Statute of the Vietnam Trade Union are fully met.

For party organizations at enterprises, the Decree prescribes that an enterprise that has 3 or more workers being official Party members may establish a Party organization according to the Statute of the Communist Party of Vietnam. For an enterprise with only 1 or 2 worker(s) being official Party member(s), the Party committee of the level next higher than the grassroots level shall recommend such worker(s) to the Party organization of the level next higher than the grassroots level and decide to establish a combined Party cell or assign a Party member of the Party organization of the level next higher than the grassroots level to participate in Party activities and establish a Party organization at the enterprise. The combined Party cell shall develop Party members at the enterprise and when there are 3 workers being official Party members at the same enterprise, the Party committee of the level next higher than the grassroots level shall decide to establish a Party organization at the enterprise.

This Decree takes effect on December 10, 2014.
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

 

THE GOVERNMENT
 
No. 98/2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, October 24, 2014
 
 
DECREE
Providing the establishment of political organizations and
socio-political organizations at enterprises of
all economic sectors
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the June 8, 2012 Labor Code;
Pursuant to the June 20, 2012 Law on Trade Unions;
Pursuant to the November 20, 2012 Cooperative Law;
Pursuant to the November 29, 2005 Youth Law;
Pursuant to the October 18, 2005 Ordinance on War Veterans;
At the proposal of the Minister of Home Affairs,
The Government promulgates the Decree providing the establishment of political organizations and socio-political organizations at enterprises of all economic sectors.
Article 1. Scope of regulation
This Decree provides the establishment of organizations of the Communist Party of Vietnam (below referred to as Party organizations) and socio-political organizations (including Vietnam Trade Union, Ho Chi Minh Communist Youth Union and Vietnam War Veterans’ Association) at enterprises of all economic sectors; and responsibilities of agencies, organizations and enterprises to create conditions for workers who have the demand or wish to establish and join these organizations when the prescribed conditions are fully met.
Article 2. Subjects of application
1. Limited liability companies, joint-stock companies, partnerships and private enterprises, including limited liability companies and joint-stock companies transformed from wholly state-owned enterprises, enterprises of Party organizations and socio-political organizations, and foreign-invested enterprises.
2. Foreign-invested enterprises not re-registered under the Government’s Decree No. 101/2006/ND-CP of September 21, 2006, on re-registration, transformation, and registration for renewal of investment certificates, of foreign-invested enterprises under the Enterprise Law and Investment Law.
3. Cooperatives.
4. Managers and workers at enterprises of the types mentioned in Clauses 1, 2 and 3 of this Article.
The subjects mentioned in Clauses 1, 2 and 3 of this Article are below collectively referred to as enterprises of all economic sectors.
Article 3. Establishment principles and conditions
1. Party and socio-political organizations at enterprises shall operate within the framework of the Constitution and laws, under the Party Statute and statutes of socio-political organizations, and in accordance with law.

Click download to see the full text

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

ENGLISH DOCUMENTS

Official Gazette
Decree 98/2014/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

SAME CATEGORY

loading